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HomeMy WebLinkAbout00-06247 "' " ,~~~~, "$"J\Jt', 1','11 :tf66,-~~bJr 7 l'1~b ADS Project No. 99010 WEST SHORE COUNTRY CLUB CLUBHOUSE II April, 2000 DOCUMENT 00600 MECHANICS LIEN WAIVER DOCUMENTS TIlE OWNER INTENDS TO EXECUTE AND ATTACH TIIE FOLLOWING AGREEMENT TO THE CONTRACT FOR CONSTRUCTION. TIlESE KNOW ALL BY PRESENTS, that: BACKGROUND The West Shore COWltry Club, 100 Brentwater Road, Camp Hill, Pennsylvania, 170 II, (hereinafter. the "Owner"), and United Restanrant Eouioment Inc., a IncOl:poration for-profit corporation, with and address at 2980 Jefferson Street Harrisburg. Pennsylvania. 17110, (hereinafter, the "Contractor") have entered into an agreement dated S'4ltember 12, 2000 (the "Agreement") relating to construction services to be rendered in connection with the construction of a building to be known as "The West Shore COWltry Club Clubhouse" and other improvements upon the following described real estate, as part of the consideration for which Agreement this Release and Waiver of Liens is given: AGREEMENT NOW, TIlEREFORE, Contractor, intending to be legally bOWld hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement, for Contractor and any and all parties acting for, through or Wlder Contractors, them or any of them, or anyone, covenant and agree with Owner that: I. No mechanics' liens or claims shall be fIled or maintained by Contractor. them or any of them, or anyone, against the above-described real estate, or the buildings or other improvements to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of Owner, for or on accoWlt of any work done under said Agreement or under any supplemental contract, verbal or written, or contract for extra work relating to the construction of the West Shore COWltry Club Clubhouse or other improvements, or any of them, or otherwise; and Contractor, for Contractor and any and all parties acting through or Wlder Contractor, them or any of them, hereby expressly waives and relinquishes the right to have, file Or maintain mechanics' liens or claims against said real estate or building or other improvements or any of them. 2. Contractor, for itself and its successors and assigns, does hereby release and waive any rights it may now or hereafter have to file or maintain mechanics' liens or claims against the above described real estate, or buildings or other improvements to be erected thereon, or any of them, Or the estate, interest or title thereto of Owner, for or on accoWlt of any work done prior or subsequent to the date hereof in connection with construction of such buildings or other improvements. 3, This agreement releasing and waiving the right of lien shall be an independent covenant and shall operate and shall be effective as well with respect to work done and materials furnished copyright 2000 by Alexander Design Studio, P .C. xxiii DOCUMENTS -,~ ADS Project No. 99010 WEST SHORE COUNlRY CLUB CLUBHOUSE Under any supplemental contract for extra work in the construction and completion of the said buildings or other improvements as to any work and labor done and materials furnished and relating to the Agreement aforesaid. 4, In order to give Owner and any person having an estate in the above-described property (including a leasehold estate) full power and authority to protect itself and themselves, the above-described property, the building or buildings or other improvements to be constructed thereon, and the curtilages appurteuant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor any and all claims or liens filed in violation of the foregoing release, waiver and covenant. or (h) to cause to be filed and served in connection with claims or liens (in the name of Contractor anyone else acting under or through it) any pleading or instrument, or amendment to any pleading or instrument previously fIled by it or them, to incorporate therein, as part of the record the release and waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and reference to the court, term and number in which and where Release and Waiver of Liens shall have been filed shall be a sufficient exhibit of authority herein contained to warrant such action, and Contractor for itself and for them does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such instrument or amendment, or in any way concerning them. 5. This Release and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirement of law in such case provided. copyright 2000 by Alexander Design Studio, P .C. xxiv <~L^ II April, 2000 DOCUMENTS - , . ADS Project No. 99010 WEST SHORE COUNTRY CLUB CLUBHOUSE IN WITNESS WHREOF, Contractor has signed and sealed these presents this 12th day of September 2000. United Restaurant EljJlipment. Inc. ~mn~o~ , ~ (Signature of Vice President) Mike Weiss ~mne of Vice President) ~i~):~ (Corporate Seal) Commonwealth of Pennsylvania ss. County of Dauphin On this 12th day of September, 2000, before me, the undersigned officer, personally appeared Mike Weiss who acknowledged (himself) to be (Vice President) of United Restaurant Equipment Inc., a Pennsylvania corporation, and that (he), as such, being authorized to do so, executed the foregoing Waiver of liens for purposes therein contained by signing the nmne of the corporation, and desired that the same might be recorded as such. IN WITNESS WHEREOF, I set my hand and official Seal. ~oW,ria1 Seal) cfki/14~ Notary lC My Commission Expires: Notarial Seal Patricia J.Plll1nebeker, Notary Public Harrisburg, Dauphin County My CommlSlllon Expires Dec. 16, 2002 copyright 2000 by Alexander Design Studio, P .C, xxv ~' -~ l 11 April, 2000 DOCUMENTS ,~ ~~.L:.",'~~~ ~s~j .."".~"".~,,"'. "ID!t'~A~~' ...... lM''F1'''' .-r~. ~ ~ -, ~1IlIlU''''''' ~ v -q:-Q ~~ C> - \> ~ ~ o ~ 0' ~ ~. JQ .. .. o c:: S~~j --...... 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